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Understanding Romeo and Juliet Laws in Tennessee

 Posted on July 19, 2024 in Sex Crime Charges

TN defense lawyerAge-of-consent issues can be complicated in Tennessee. While anyone younger than 18 is considered underage, and it is illegal for anyone of any age to have sexual relations with them, the law does address cases where both parties are close in age and have engaged consensually. If you think you might be facing statutory rape charges, speak with a skilled Rutledge, TN criminal defense attorney who can review your case and advise you on whether Romeo and Juliet laws might offer you protection.

What are Romeo and Juliet Laws?

The state of Tennessee has an entire set of laws dedicated to protecting victims of sexual crimes. Named for the famous ill-fated star-crossed lovers in William Shakespeare’s play, Romeo and Juliet laws describe exceptions to the rules that would otherwise result in charges of statutory rape. In Tennessee, these laws mitigate the penalties that could otherwise result when underage individuals engage in sexual activity, with the understanding that under certain conditions, the act is consensual rather than exploitative.

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New Tennessee Law Allows the Death Penalty for Child Rapists

 Posted on July 05, 2024 in Sex Crime Charges

TN defense lawyerThe state of Tennessee recently joined Florida to become the second state in the U.S. to give prosecutors the option of seeking the death penalty for those convicted of child rape. This is despite the fact that the death penalty in Tennessee has been on hold since 2022 because of botched executions. Further, a Supreme Court ruling in 2008 (Kennedy vs. Louisiana) declared the death penalty a violation of the 8th  Amendment.

At that time, the Supreme Court found the death penalty to be cruel and unusual punishment when the crime itself did not involve murder. The new TN law went into effect July 1, 2024, even though the governor’s moratorium that placed a pause on state executions is still in place. The governor did not comment on how his moratorium on the death penalty could co-exist with the bill he just signed. Proponents of the new law believe it is justified under the theory that the death penalty will act as a deterrent to keep "would-be criminals" from committing reprehensible crimes.

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What to Do If You Are Facing a Tennessee Weapons Charge

 Posted on June 19, 2024 in Criminal Defense

Lenoir City criminal defense lawyerTennessee has a rich history of protecting the Second Amendment rights of its citizens, allowing individuals to keep and bear arms with relatively permissive laws compared to other states. However, in recent years, the state legislature has enacted more stringent regulations to enhance public safety. If you are accused of a weapons offense, a Tennessee lawyer can help you understand the potential consequences and take immediate action to protect your rights.

It is Helpful to Understand Tennessee’s Weapon Laws

While the Second Amendment protects an individual’s right to bear arms, you must understand that this right is not absolute and is subject to state and local regulations. In Tennessee, the law prohibits individuals from possessing, manufacturing, transporting, repairing, or selling various types of weapons.

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What to Do After a Fake ID Charge as a College Student

 Posted on June 13, 2024 in Criminal Defense

Maryville criminal defense lawyerAs a college student in Tennessee, facing a fake ID charge can be a scary experience. You may be feeling overwhelmed and unsure of what to do next. Understanding the potential consequences and taking the necessary steps to protect your future is helpful. A Tennessee lawyer can guide you through the process and provide valuable insights on navigating this challenging situation.

What You Should Know About the Consequences

In Tennessee, using a fake ID is a serious offense, especially when it comes to purchasing alcohol. If you are caught presenting a false identification card to buy alcohol, you could face a Class A misdemeanor charge, which carries penalties of up to a fine, jail time, or both.

For drivers under the age of 18 who are convicted of presenting a fake ID to purchase alcohol, the consequences are even more severe. In addition to the criminal penalties, you will face mandatory suspension of your driving privileges and ability to obtain a license:

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What if I Did Not Get Adequate Medical Care in Jail?

 Posted on June 07, 2024 in Criminal Defense

Farragut criminal defense lawyerAs an inmate, you have the right to receive proper healthcare while in custody. Unfortunately, many inmates suffer needlessly because of inadequate medical care behind bars. If you or a loved one have experienced this injustice, you must understand your rights and take action. A Tennessee lawyer can help you stand up for yourself legally.

Your Constitutional Right to Medical Care

The U.S. Constitution guarantees prisoners the right to adequate medical treatment. The Eighth Amendment prohibits “cruel and unusual punishment,” which includes denying necessary healthcare to those in custody. Whether awaiting trial or serving a sentence, Tennessee jails and prisons must provide appropriate medical attention to address your health concerns.

Common Examples of Inadequate Care

Inadequate medical care in Tennessee jails can take many forms. Knowing the different ways this can happen is beneficial so you know exactly what you can include in your claim. Some examples can include:

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Top Mistakes Drivers Make That Lead to Traffic Violations

 Posted on May 28, 2024 in Traffic Violations

Loudon County, TN traffic ticket lawyerTraffic violations are common on Tennessee roadways, often resulting from mistakes drivers make behind the wheel. While some violations may seem minor, they can lead to serious consequences, including fines, points on driving records, and even license suspensions. If you find yourself with a traffic violation, a Tennessee lawyer may be able to help reduce or remove the fine from your record.

Speeding 

One of drivers' most frequent mistakes is exceeding the posted speed limit. In Tennessee, speeding is a serious offense that can result in fines and even license suspension. Many drivers underestimate the consequences of speeding, believing they can evade law enforcement or that a few extra miles per hour will not make a difference. However, speeding increases the risk of accidents and attracts the attention of police officers. To avoid speeding tickets, always be mindful of the posted speed limits and adjust your speed accordingly.

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Why You Should Have a Lawyer for Traffic Violations

 Posted on May 21, 2024 in Uncategorized

Knoxville, TN traffic ticket defense lawyerMany people think of traffic tickets as minor infractions that are not worth fighting. It is not uncommon to believe it is easier and cheaper to just pay the fine and move on. However, having a Tennessee lawyer represent you for traffic violations can provide significant benefits that make it worth your time to have an attorney on your side.

The True Costs of a Traffic Conviction

Beyond the initial fine, a traffic violation on your record in Tennessee can lead to:

  • Points on your driving record. Accumulating too many points can result in surcharges and even license suspension.

  • Higher car insurance premiums that can last years, costing you hundreds or thousands of dollars.

  • A lasting criminal record that may impact employment, housing, and educational opportunities.

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Former inmate sues Cocke County over jail conditions, says he was left for 12 hours after being beaten

 Posted on March 30, 2023 in Uncategorized

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After years of concerns centered on the conditions in the Cocke County Jail, the county and several officials are facing a lawsuit from a former inmate.

The suit, filed on behalf of Steven J. Laws, alleges that Laws, who was jailed in March of 2022 on misdemeanor drug charges, was beaten by fellow inmates on his first day then left unchecked in his cell for 12 hours before being denied medical service by jail officials.

Laws' main complaints about his experience center on an ongoing issue at the jail: not enough corrections officers in charge of too many inmates.

The Cocke County Jail has faced problems for years, losing its Tennessee Correctional Institute certification in 2017 due to poor living conditions for inmates, overcrowding and understaffing. During a 2017 visit, then-Chief Deputy Derrick Woods showed WVLT News rotting ceilings, holes in the floor and leaks.

You can read more HERE!

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Ex-inmate files $1.5M suit against Cocke County

 Posted on March 30, 2023 in Uncategorized

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A lawsuit was filed Tuesday in U.S. District court in Greeneville by a former inmate at Cocke County Jail, alleging he suffered serious injuries as a result of being beaten by other inmates at the jail in March 2022.

The suit is seeking at least $500,000 in compensatory damages and at least $1 million in punitive damages.

The suit filed by attorney Lance K. Baker of The Baker Law Firm in Knoxville on behalf of Steven J. Laws names Cocke County, former Cocke County Sheriff Armando Fontes and several others as defendants in the civil rights action.

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6th Circuit upholds decision to strip Knoxville cop of immunity in shooting

 Posted on November 22, 2022 in Uncategorized

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A federal appellate court is upholding a decision to strip a Knoxville Police Department officer of immunity in a wrongful death lawsuit over the officer's shooting of an unarmed man in the back.

The 6th Circuit U.S. Court of Appeals turned aside an appeal by KPD Officer Dylan Williams, who fatally shot an unarmed Channara Tom "Philly" Pheap in August 2019 in the parking lot of an apartment complex on Merchant Drive in Knoxville.

You can read more @ TENNESSEE LOOKOUT!

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